4
   

What, exactly, is the rationale for establishing "sanctuary cities?"

 
 
layman
 
  0  
Reply Thu 25 Jan, 2018 11:24 am
@maxdancona,
maxdancona wrote:

- Should local police be mandated to themselves follow federal law. I say "Yes".

That aint what ya done said just a minute ago, eh, Max (or throughout this whole thread, for that matter).

maxdancona wrote:
I have stated my opinion on the inability for Federal government to force local police to enforce laws that American Citizens living in these areas don't want enforced.


Federal laws impose various mandates on ALL citizens of ALL States. State sanctuary laws which forbid their citizens (or themselves) from complying with such laws is simply an attempt to veto federal law because they "don't want it enforced."

They can make all the state laws they want. They can make chewing gum illegal, if they want. But they cannot refuse to comply with federal law.

"Can" States refuse to comply with Federal law? Well, sure, in practice, but not in law. People "can" rob banks, but that doesn't make it legal. States, and it's citizens, can be compelled to comply with the law, and, like bank robbers, they are subject to criminal penalties if they refuse.

You appear to agree with this now, but that aint what ya was sayin before. Apparently you took the time to actually do a little research, eh?
0 Replies
 
maxdancona
 
  1  
Reply Thu 25 Jan, 2018 11:31 am
@maxdancona,
maxdancona wrote:

1. No one here is suggesting "open borders". I am suggesting that if there is a reasonable immigration policy that reflects what I see as the values of the country (as I see them), then I would wholeheartedly support their enforcement. Disagreement with today's immigration laws is not "open borders". I would also point out that today's immigration laws are really messed up because they were created by political forces pulling in multiple directions.

2. You are missing the point about local police. And you are confusing several issues.

- Should local police should be mandated to enforce federal law. I say "No".
- Should local police be mandated to themselves follow federal law. I say "Yes".
- Should federal police be able to operate in local communities to enforce federal law. I say "Yes".
- Should federal police be mandated to themselves follow federal law.. I say "yes".

We disagree on the first one, I think... although courts side with me. It seems like Glennn at least disagrees with me on the fourth.

For me to tell my local police (who work for me and are paid by me) that I don't want them to enforce federal law is not civil disobedience. The local police are there to enforce local law and to meet the needs of the community.



I don't know how much more clear I can be on this issue. The word "enforce" is not the same as the word "follow". They are different words with completely different meanings.

Is this a basic problem with English comprehension?
layman
 
  0  
Reply Thu 25 Jan, 2018 11:39 am
@maxdancona,
Quote:
You are missing the point about local police. And you are confusing several issues.


No, Max, YOU'RE the one who has been confusing several issues. It's true that the Feds can't "commandeer" local agents and equipment to use in enforcing federal law. That's a given. But, up until now, at least, you have been trying to extrapolate the limited "anti-commandeering" doctrine to the refusal to comply with federal law. I made a post about this very early in this thread, which you totally ignored, of course.

Quote:
This "anti-commandeering" doctrine, however, doesn't protect sanctuary cities or public universities — because it doesn't apply when Congress merely requests information. For example, in Reno v. Condon (2000), the Court unanimously rejected an anti-commandeering challenge to the Driver's Privacy Protection Act, which required states under certain circumstances to disclose some personal details about license holders.


https://able2know.org/topic/440048-2#post-6580036
0 Replies
 
layman
 
  0  
Reply Thu 25 Jan, 2018 11:49 am
@maxdancona,
maxdancona wrote:
Is this a basic problem with English comprehension?


No, but there certainly is with yours. At a minimum, you don't even know what "sanctuary laws" entail. Notwithstanding the fact that I have summarized them for you, again, very early in this thread, and have even posted articles about particular provisions of California law which prohibits private employers from complying with federal law, under threat of state prosecution.

What you have been trying to argue is that the the 10th Amendment authorizes "sanctuary laws." It doesn't. Not even close.
maxdancona
 
  1  
Reply Thu 25 Jan, 2018 11:58 am
@layman,
layman wrote:

maxdancona wrote:
Is this a basic problem with English comprehension?


No, but there certainly is with yours. At a minimum, you don't even know what "sanctuary laws" entail. Notwithstanding the fact that I have summarized them for you, again, very early in this thread, and have even posted articles about particular provisions of California law which prohibits private employers from complying with federal law, under threat of state prosecution.


Geez ... the California law prohibits private employers from enforcing federal law. These word games are silly. You can look up the word "comply" in the dictionary if you really don't know what it means.
layman
 
  0  
Reply Thu 25 Jan, 2018 12:07 pm
@maxdancona,
maxdancona wrote:

Geez ... the California law prohibits private employers from enforcing federal law. These word games are silly. You can look up the word "comply" in the dictionary if you really don't know what it means.


Hahahahahaha. Nice try, cheese-eater. There are federal laws on the books which regulate private employers and their interactions with migrant labor.

Get a dictionary, yourself. And read the case I just cited ( Reno v. Condon (2000), along with the federal statute I pasted just a short while back (8 U.S. Code § 1373 - Communication between government agencies and the Immigration and Naturalization Service).
layman
 
  0  
Reply Thu 25 Jan, 2018 12:15 pm
@layman,
layman wrote:

And read the case I just cited ( Reno v. Condon (2000), along with the federal statute I pasted just a short while back (8 U.S. Code § 1373 - Communication between government agencies and the Immigration and Naturalization Service).


Here ya go, here's the substance of it again:

"a State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual."

https://www.law.cornell.edu/uscode/text/8/1373

Were you unable to understand that the first time? Can you understand it now?

When Jeff Sessions files a criminal indictment against Moonbeam Brown, will Brown be prosecuted for "not enforcing" federal law, or not complying with it, ya figure?
maxdancona
 
  1  
Reply Thu 25 Jan, 2018 12:22 pm
@layman,
The courts, and reality, disagree with you Layman. You can scream all you want, but that doesn't change the facts.

The California law was passed and it is law. I believe it has the support of the majority of American citizens living in California, and it certainly has the political support.

The good cheese eating American citizens of the great state of California have spoken.


layman
 
  0  
Reply Thu 25 Jan, 2018 12:32 pm
@maxdancona,
maxdancona wrote:

The courts, and reality, disagree with you Layman.

Wrong. Read the cases.
Quote:
The good cheese eating American citizens of the great state of California have spoken.
Indeed they have. Now comes the BEATDOWN for willfully violating federal law.

Nice try, Mexicans.
0 Replies
 
Baldimo
 
  0  
Reply Thu 25 Jan, 2018 12:33 pm
@maxdancona,
I'm pretty sure you didn't have this same feeling when the people of AZ supported SB1040 or did you want the Feds to step in and stop them from breaking "federal law"?
maxdancona
 
  1  
Reply Thu 25 Jan, 2018 02:10 pm
@Baldimo,
SB1070 was found by a court to have violated civil rights law. Many sanctuary laws have been challenged in court, and have not been found to have violated any sanctuary laws. Layman is reading from conservative websites. It is a pretty easy google search for him, or anyone else to see the rebuttal to this argument. It has already been done... in court.

As Physics professors often say, googling for a balanced look at both sides of the issue will be left as an exercise for the reader. (hint: try googling 'why sanctuary laws do not violate 8 u.s. code 1373').

Layman's argument has already lost in court... and that is what matters.


hightor
 
  1  
Reply Thu 25 Jan, 2018 02:11 pm
Evidently some people don't really want to reward the so-called "dreamers".

Most Americans Want Legal Status for ‘Dreamers.’ These People Don’t.

Quote:
For Pav Sterry of Columbus, Ohio, legalizing any undocumented immigrants — even those who came as children without a choice in the matter — is just plain wrong.

Huy Pham of St. Paul believes any concessions for the so-called Dreamers will unleash another tidal wave of illegal immigration. And Daniel Cotts of Phoenix regards “blanket amnesty” for them as unfair to foreigners who languish for years waiting to come here the legal way.

Poll after poll has shown that a large majority of Americans support protections for young undocumented immigrants who were brought to the United States illegally as children.

Yet there remains a slice of the American public for whom the idea of legalizing an undocumented immigrant has not gotten better with age.

NYT
layman
 
  0  
Reply Thu 25 Jan, 2018 02:26 pm
@maxdancona,
maxdancona wrote:

Many sanctuary laws have been challenged in court, and have not been found to have violated any sanctuary laws. the issue will be left as an exercise for the reader. (hint: try googling 'why sanctuary laws do not violate 8 u.s. code 1373').

Layman's argument has already lost in court... and that is what matters.
"Many," eh? Cite a single case that you're representing you're aware of, why doncha, eh, Max?
0 Replies
 
layman
 
  0  
Reply Thu 25 Jan, 2018 03:12 pm
@maxdancona,
The most recent Supreme Court case (2012) on the topic, U.S. v Arizona, cited section 1373 when REFUSING to strike down section 2b of the Arizona law:

Quote:
Section 2(B) of S. B. 1070 requires state officers to make a “reasonable attempt . . . to determine the immigration status” of any person they stop, detain, or arrest on some other legitimate basis if “reasonable suspicion exists that the person is an alien and is unlawfully present in the United States.” Ariz. Rev. Stat. Ann. §11–1051(B) (West 2012). The law also provides that “[a]ny person who is arrested shall have the person’s immigration status determined before the person is released.” Ibid. The accepted way to perform these status checks is to contact ICE, which maintains a database of immigration records.

The United States and its amici [i.e. Obama and his homeys] contend that, even with these limits, the State’s verification requirements pose an obstacle to the framework Congress put in place....The United States argues that making status verification mandatory interferes with the federal immigration scheme....


Ok, now what? Well, the court said:

Quote:
Congress has obligated ICE to respond to any request made by state officials for verification of a person’s citizenship or im-migration status. See §1373(c); see also §1226(d)(1)(A) (requiring a system for determining whether individuals arrested for aggravated felonies are aliens)...Congress has done nothing to suggest it is inappropriate to communicate with ICE in these situations...

It would be inappropriate to assume §2(B) will be construed in a way that creates a conflict with federal law....As a result, the United States cannot prevail in its current challenge.


https://www.law.cornell.edu/supremecourt/text/11-182#writing-ZS

That the case you had in mind, eh, Max?

0 Replies
 
layman
 
  0  
Reply Thu 25 Jan, 2018 03:27 pm
@maxdancona,
Many cases, you say, Max? I still aint seen you produce a single one.

Quote:
Sanctuary Cities? That's a Constitutional 'Hell No'

The spurious legal argument that §1373 violates the anti-commandeering principle was raised by the City of New York in a lawsuit against the federal government only 11 days after the provision became federal law. New York also had a policy in place that forbade city officials from transmitting information on the immigration status of any individual to federal immigration authorities. In City of New York v. U.S. (1999), the Second Circuit Court of Appeals threw out the city’s case because the federal law was constitutional and well within congressional authority on immigration.


https://www.heritage.org/immigration/commentary/sanctuary-cities-thats-constitutional-hell-no

That's precisely why 1373 was passed--to shut down "sanctuary cities." Of course this was merely the first case to reject the "commandeering" argument. Others (some of which I have already cited) followed.

Was that the case you had in mind, Max?



0 Replies
 
layman
 
  0  
Reply Thu 25 Jan, 2018 03:40 pm
@maxdancona,
Some language from that last case, eh, Max? In that opinion Judge Winter said:

Quote:
"The City’s sovereignty argument asks us to turn the Tenth Amendment’s shield against the federal government’s using state and local governments to enact and administer federal programs into a sword allowing states and localities to engage in passive resistance that frustrates federal programs....

"Absent any cooperation at all from local officials, some federal programs may fail or fall short of their goals unless federal officials resort to legal processes in every routine or trivial matter, often a practical impossibility. For example, resistance to Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954), was often in the nature of a refusal by local government to cooperate until under a court order to do so."


Fraid not. Nice try, cheese-eaters.

You may recall that the Feds ultimately had to send in tanks to get Brown enforced, eh? Hardly a sign that passive resistance and a refusal to co-operate is perfectly legal under the 10th Amendment, eh?
0 Replies
 
Finn dAbuzz
 
  1  
Reply Thu 25 Jan, 2018 05:51 pm
@hightor,
Huy Pham has a good point.

If you are a foreigner and really want your children to have the benefits of American citizenship, once the so-called Dreamers get a free pass it's pretty much a no-brainer to bring your kids over the border...illegally if need be.

This is why proper border control is an absolute necessity when considering how to address the Dreamers.

For decades now Dems have been playing this game of pulling on American heart-strings and then promising "Yes we will get to border protection after you take care of these poor souls in our country" They have never made good on their promise. Why? Because illegal immigration is a strategy for them.

layman
 
  0  
Reply Thu 25 Jan, 2018 06:36 pm
California's new "sanctuary law'" purports to grant "discretion" to a "law enforcement official" to "cooperate with immigration authorities," but only under certain circumstances and even then "only if" it does not conflict with any "local law" or "local policy." There are also numerous other provisions which deprive an officer of any discretion at all. Put another way, under those circumstances he is PROHIBITED from "cooperating."

Note that even this limited granting of such discretion is strictly illusory. A "policy" is not a legal pronouncement of any kind. It doesn't even arise to the level of a municipal ordinance, and yet cooperation is prohibited if there is a "policy" which prohibits it.

It goes on to state numerous co-operative activities which are strictly prohibited, such as inquiring into the immigration status of any person, providing information about the release date of a person held in custody, etc.

Note that the granting of such discretion is strictly illusory. A "policy" is not a legal pronouncement of any kind. It doesn't even arise to the level of a municipal ordinance.

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54

After delineating many other overbroad and vague circumstance where no discretion to cooperate is allowed, the whole sham recites, at the end that a certain provision of it that that particular provision (but not all provisions) does not prohibit compliance with 8 USC 1373, but even then cooperation is not "required," just purportedly "allowed."

But it does prohibit it actually, inasmuch complying would be "cooperation" with the feds.

They are hoping this insertion will save them from being charged under section 1373, but that will never fly, given the other contents of the statute.

They have also passed are other related laws, which don't pertain to law enforcement officials but rather to private employers, and such, which they are threatening to enforce by individual prosecution.

Of course section 1373 is just a minor provision. Section 1324, relating to harboring, encouraging, assisting, etc. an illegal alien to enter or remain in the country has the real teeth--punishable by 10 years in the pen.

Jeff is on the case(s) already.



layman
 
  0  
Reply Thu 25 Jan, 2018 06:42 pm
@Finn dAbuzz,
And that whole mess is much worse than "estimated," eh, Finn. Estimates are based on census reports, which rely on voluntary reporting from those with a huge incentive to lie.

And even those understated estimates never include the U.S. born children (of which there are millions) of (primarily) Mexicans who are here illegally. Those kids are born to Mexican parents and presumably raised as such. Their parents are not Americans, even if they (the kids) are "citizens" by birth (due to the illegal entry of their Mexican parents).

Kids are simply incapable of satisifying Teddy's condition of citizenship, eh?

In 1907, Theodore Roosevelt wrote:
"In the first place, we should insist that if the immigrant who comes here in good faith, becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the person’s becoming, in every facet, an American and nothing but an American...

There can be no divided allegiance here. Any man who says he is an American, but something else also, isn’t an American at all. We have room for but one flag, the American flag...We have room for but one language here, and that is the English language...and we have room for but one sole loyalty and that is a loyalty to the American People.

0 Replies
 
layman
 
  0  
Reply Thu 25 Jan, 2018 07:12 pm
@layman,
The california statute in no way limits cooperation with any federal agents, EXCEPT immigration authorities. This was seen as a factor in the New York case I cited. That court said it helped show that the real intent of the statute was solely to undermine and frustrate immigration law.
0 Replies
 
 

Related Topics

 
Copyright © 2024 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.09 seconds on 12/23/2024 at 07:51:30